Rights under Inheritance and Succession Laws and Rights Relating

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Rights under Inheritance
and Succession Laws
and
Rights Relating to
Marriage and Property
in india
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F ¤AiÀĪÀÄUÀ¼ÀÄ ªÀåQÛUÀ¼À zsÀªÀÄðzÀ DzsÁjvÀªÁVªÉ. F ¥ÀÄlÖ ¥ÀĸÀÛPÀzÀ°è
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GzÁºÀgÀuÉUÀ¼ÉÆ0¢UÉ ¤ªÀÄUÁV ªÀtÂð¸À¯ÁVªÉ.
KHA
Karna
House
Asset
Legal Consultant: Sowmya Lakshmi Bhat, Advocate, Bengaluru
[email protected]
December 2011
KHAS
Karnataka Household
Asset Survey
Centre for Public Policy
(CPP)
Legal
Literacy
Booklet
INDIAN INSTITUTE OF MANAGEMENT
BANGALOREthe
(IIMB)
Measuring
Bannerghatta Road, Bangalore 560076, Karnataka, India
Ph: 91 80 26993323. Fax: 91 80 26994050
Email: [email protected]
Project website: http://genderassetgap.iimb.ernet.in
website: www.iimb.ernet.in
Gender Asset Gap
Hema Swaminathan
Suchitra J. Y.
ªÉÄÃj «°AiÀĪÀiïgÀ JgÀqÀ£Éà ºÉAqÀw. CªÀjUÉ E§âgÀÄ ªÀÄPÀ̼ÀÄ.
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© December 2011
Centre for Public Policy
Indian Institute of Management
Bannerghatta Road, Bangalore 560076, Karnataka, India
Ph: 91 80 26993323. Fax: 91 80 26994050
Email: [email protected]
Project website: http://genderassetgap.iimb.ernet.in
Website: www.iimb.ernet.in
Design and layout:
Communication for Development and Learning
11/A, 7th Cross, 17th Main, Koramangala 6th Block
Bangalore 560095, Karnataka, India
Ph: 91 80 25503481 Fax: 91 80 41478470
Email: [email protected]
Website:www.cdlblr.org
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GzÁºÀgÀuÉUÀ¼ÉÆ0¢UÉ ¤ªÀÄUÁV ªÀtÂð¸À¯ÁVªÉ.
Legal Consultant: Sowmya Lakshmi Bhat, Advocate, Bengaluru
[email protected]
December 2011
Centre for Public Policy (CPP)
INDIAN INSTITUTE OF MANAGEMENT BANGALORE (IIMB)
Bannerghatta Road, Bangalore 560076, Karnataka, India
Ph: 91 80 26993323. Fax: 91 80 26994050
Email: [email protected]
Project website: http://genderassetgap.iimb.ernet.in
website: www.iimb.ernet.in
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• E°è UÀªÀĤ¸À¨ÉÃPÁzÀ CA±ÀªÉAzÀgÉ, MAzÀÄ ªÉüÉ
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Table of Contents
• CAxÁ ¸ÀAzÀ¨sÀðzÀ°è ªÉÆzÀ®£Éà ºÉAqÀw¬ÄAzÀ EgÀĪÀ
ªÀÄPÀ̽UÀÆ «°AiÀĪÀiïgÀ D¹ÛAiÀÄ°è ¥Á°zÉ
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3
• E°è ¨sÀÆ«Ä, ªÀÄ£É ªÀÄÄAvÁzÀ ¹ÜgÀ D¹ÛAiÀÄ£ÀÄß ºÉÃUÉ
¥Á®Ä ªÀiÁqÀ¯ÁUÀÄvÀÛzÉÆà ºÁUÉAiÉÄà ZÀgÀ D¹Û,
¸ÁªÀiÁ£ÀÄUÀ¼ÀÄ, ¨ÁåAPï£À°ègÀĪÀ ºÀt, MqÀªÉAiÀÄ£ÀÄß
PÀÆqÁ ¥Á®Ä ªÀiÁqÀ¯ÁUÀÄvÀÛzÉ
Rights under
• ºÁUÉà M§â£À D¹Û AiÀiÁªÀ jÃwAiÀÄ°è ¥Á¯ÁUÀÄvÀÛzÉÆÃ
CzÉà ¥ÀæªÀiÁtzÀ°è ¸Á®ªÀÇ ¥Á¯ÁUÀÄvÀÛzÉ
• Qæ²ÑAiÀÄ£ïgÀ°è ªÀÄPÀ̼À£ÀÄß zÀvÀÄÛ vÉUÉzÀÄPÉƼÀÄîªÀÅzÀ£ÀÄß
under
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the
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DzÀgÉ ªÀÄ£É ºÉÆ0¢gÀĪÀ ªÀÄ»¼ÉAiÀÄgÀ°è EzÀÄ 13% ªÀiÁvÀæ. ªÀåªÀ¸ÁAiÀÄ
¨sÀÆ«ÄAiÀÄ0vÀºÀInheritance
M0zÀÄ GvÁàzÀPÀ D¹ÛAiand
ÀÄ°è F Succession
vÁgÀvÀªÀÄå E£ÀÆß C¢üPÀLaws
Christian
85% ¥ÀÄgÀĵÀjUÉ ºÉÆð¹zÀgÉ ¸Àj¸ÀĪÀiÁgÀÄ 14% ªÀÄ»¼ÉAiÀÄgÀÄ ªÀiÁvÀæ vÀªÀÄä
vÀ0zÉvÁ¬ÄAiÀÄj0zÀ ¦vÁæfðvÀªÁV ¥ÀqÉ¢zÁÝgÉ.
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÷å ¥ÀqÉzÀÄ 64 ªÀµÀðUÀ¼ÁzÀªÉÄîÆ
£ÀªÀÄä ¸ÀªÀiÁdzÀ°è
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the Hindu
Inheritance
and Succession
Laws
Rights under the
¥ÀæªÀiÁtzÀ °0UÀvÀé-vÁgÀvÀªÀÄåªÀ£ÀÄß PÁtĪÀÅzÀÄ M0zÀÄ UÉÆ0zÀ®zÀ «µÀAiÀÄ. F
¥Àj¹ÜwAiÀÄ£ÀÄß ¥ÀjºÀj¸À®Ä C£ÉÃPÀ zÁjUÀ¼À£ÀÄß C£ÀĸÀj¸À§ºÀÄzÀÄ. CªÀÅUÀ¼À°è
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Muslim
Succession
Laws
¥ÀæwAiÉƧâInheritance
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C¼ÀªÀr¸ÀĪÀÅzÀÄ
Cw ªÀÄÄRå. ¨sÁ
gÀvÀzÀ°è
F ¤AiÀĪÀÄUÀ¼ÀÄ ªÀåQÛUÀ¼À zsÀªÀÄðzÀ DzsÁjvÀªÁVªÉ. F ¥ÀÄlÖ ¥ÀĸÀÛPÀzÀ°è
Qæ²ÑAiÀÄ£ï zsÀªÀÄðzÀ ªÁgÀ¸ÀÄzÁjPÉAiÀÄ ¤AiÀĪÀÄUÀ¼À£ÀÄß ¸ÀÄ®¨sÀªÁzÀ ¨sÁµÀAiÀÄ°è
GzÁºÀgÀuÉUÀ¼ÉÆ0¢UÉ ¤ªÀÄUÁV ªÀtÂð¸À¯ÁVªÉ.
Rights relating to Marriage and Property
Legal Consultant: Sowmya Lakshmi Bhat, Advocate, Bengaluru
[email protected]
December 2011
Centre for Public Policy (CPP)
INDIAN INSTITUTE OF MANAGEMENT BANGALORE (IIMB)
Bannerghatta Road, Bangalore 560076, Karnataka, India
Ph: 91 80 26993323. Fax: 91 80 26994050
Email: [email protected]
Project website: http://genderassetgap.iimb.ernet.in
website: www.iimb.ernet.in
Qæ²ÑAiÀÄ£ïgÀ°è D¹Û ºÀPÀÄÌ ªÀÄvÀÄÛ
ªÁgÀ¸Á PÁ£ÀÆ£ÀÄ
M§â Qæ²ÑAiÀÄ£ï ªÀåQÛAiÀÄ D¹ÛAiÀÄ ªÉÄÃ¯É AiÀiÁjUÉ ºÉÃUÉ ªÀÄvÀÄÛ JµÀÄÖ
ºÀQÌgÀÄvÀÛzÉ? CªÀ£À/ CªÀ¼À £ÀAvÀgÀ CªÀgÀ D¹ÛUÉ ¥Á®ÄzÁgÀgÀÄ AiÀiÁgÀÄ?
D¹ÛAiÀÄ°è ªÀÄ»¼ÉAiÀÄ ºÀPÉ̵ÀÄÖ?
EªÉ®è «ªÀgÀUÀ¼ÀÄ ªÀÄvÀÄÛ PÁ£ÀÆ£À£ÀÄß CxÀðªÀiÁrPÉƼÀÄîªÀÅzÀPÁÌV F
¥ÀÄlÖ ¥ÀĸÀÛPÀ.
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¥ÀqÉAiÀÄÄvÁÛgÉ.
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4
PÁ£ÀÆ£ÀÄ w½zÀÄPÉƽî.
7
11
14
KHA
Karna
House
Asset
Rights under the
Christian Inheritance and
Succession Laws
4
Who has rights over a Christian individual’s assets? Who are the
successors to her/his property? How does her/his property get
partitioned?
What rights does a woman have in such property?
The following pages help you get the answers to all these questions and
the laws related to them.
Read them.
Here, Sylvia, Benson, Benita, Vilma, Mary and Peter approach a lawyer
in order to understand their rights to property.
Through their conversations, you may get to know about your rights.
Know what the law says.
Sylvia has some property that she has inherited from
her father. Recently her husband passed away. She now
wants to know how her husband’s property will be
divided and also wants to know how she can bequeath
her own assets. Therefore she goes to a lawyer, Deepa.
Deepa: How many children do you have? Had your
husband written a will?
Sylvia: I have two children – a daughter and a son.
My husband has not left behind a will.
5
Deepa: In that case, you will get 1/3 share in your
husband’s property, and the remainder of
it will get equally divided between your two
children, i.e., 1/3 to your son and 1/3 to
your daughter. Now regarding your own
property, you can prepare a will specifying
in it who should be the recipients of your
property upon your death. In the event
that you don’t write a will, after your
death, your property will be equally divided
between your son and daughter.
Benson and Benita are siblings. Their father, John, died
when they were very young. Their grandparents had two
other children besides their father – another son, Vincent
and a daughter, Rita. Now, their grandfather has died and
they come to Deepa wanting to understand how his property
is to be divided.
Deepa: Since your grandmother is alive, she will receive
1/3 share in your grandfather’s property. In
what remains, three equal divisions have to be
made – one each for your father, Vincent and
Rita. Since your father is not alive, both of you
have equal shares in his share, i.e., each of you
will get 1/9 of the property.
Some important points:
• The Christian laws of inheritance and succession are
the same for both men and women.
• All property owned by an individual, no matter what
the mode of acquisition, is treated as her/his selfacquired property.
• During the individual’s life-time, no one can lay any
claims on her/his property. She/he can sell it, will it
or gift it away to anyone.
• If the property is not willed, then upon the death of
the individual, it will devolve to her/his successors.
Mary Pais has a son and a daughter. The son is no more
and is survived by his widow. Recently Mary’s husband died
and she approaches Deepa. She wants to know how her
husband’s property will be divided and specifically wants to
know if she can help her daughter-in-law by giving her some
of this property.
Deepa: Since your husband has not written a will,
you will receive 1/3 share in your husband’s
property and your daughter will get the
remaining 2/3. Your daughter-in-law does not
have a share in your husband’s property – she
has a share only in her husband’s property. If
your son and daughter-in-law had had children,
the children would have had a share in their
grandfather’s property since children of a predeceased child have rights to property. However,
the spouse of a pre-deceased child does not have
any rights.
Vilma Sequira is 60 years old and does not have any children.
Her husband died recently. His other relatives are a brother
and a nephew (son of a deceased sister). Vilma comes to Deepa
asking about the division of her husband’s property.
Deepa: You will receive 1/2 of your husband’s property.
Of the remaining half, his brother and nephew
will get equal shares, i.e., each of them will get
1/4 of the property.
Points to note:
• If the deceased individual has a wife and children, then
the wife gets 1/3 share of his property and all the children
have equal shares in the remaining 2/3. If any of the
children of the deceased individual have predeceased
him, and they have children, then the children of the
individual’s pre-deceased children will get equal shares in
the share that their parent would have received.
• If the deceased individual has a wife and no children, but
has other blood-relatives, then the wife gets 1/2 of his
property and the blood relatives get equal shares in the
remaining half.
• If the deceased individual has a wife but no children,
grand-children, great-grand-children or any other blood
relatives, then the wife gets his entire property.
• If the deceased individual’s wife is pre-deceased and they
are survived by children, then his property is divided
equally among the children (and grand-children in the
case of pre-deceased children). If the individual has no
children or grandchildren, then the property will go to his
other blood relatives.
• When an individual has surviving direct
descendents, i.e., children, grand-children, greatgrand-children, then other blood relatives, i.e.,
father, mother, brother, sister, niece, nephew,
etc., do not have a right to the property.
Julian D’ Souza’s husband died a few years ago.
She does not have any children. She has two sisters
and two brothers. One of her brothers is also no
longer alive and is survived by three children. When
Julian D’ Souza dies, her nephew (brother’s son),
Peter, approaches Deepa asking her what to do with
Julian’s property.
6
Deepa: Julian’s property has to be divided into
four equal shares – one for each of her
four siblings. You and your two siblings
will get equal shares in the 1/4 that your
father would have received.
Peter also asked her to explain to him the process of
willing property.
Deepa: A will comes into effect only upon the
death of the person writing it. Therefore,
we can change a will as many times
as we want during our
lifetime, and can also
cancel it if we so want.
We can will only property
that belongs to us, and
can give it to anyone
we desire. Law does not
prescribe a format of a
valid will. However, certain
points need to be kept in
mind while drafting a will.
A will should be as clear as possible
and the writing should not give way
to any doubts or misconceptions.
Besides stating who will receive how
much, it is also good to spell out in
the will the reasons for such division.
It is not necessary to write a will on
stamp paper and have it registered
but it is desirable to do so since it
will have greater legal standing in case it is contested. Two
witnesses are mandatory for a will whether it is on stamp
paper or ordinary paper.
Points to note regarding devolution of property to
other blood relatives:
• Only when the deceased individual is not survived
by a spouse and direct descendents does the
property go to other blood relatives.
• Among the other blood relatives, if the father
of the deceased individual is alive, then all the
property will go to the father.
• If the father of the deceased individual is not alive
but the mother is, the entire property will go to her
only when other blood relatives including siblings,
nieces and nephews are also not alive.
• If the father of the deceased individual is not
alive but the mother is, and there are other blood
relatives such as brothers, sisters, nieces and
nephews, then all such blood relatives including
the mother share equally in the property.
Mary is William’s second wife and they have two children.
William has children through his first wife too, who is
also alive. A few days back, William died suddenly in an
accident. Mary comes to Deepa asking if she would have
any rights to William’s property.
Deepa: Neither you nor your children have any rights
to William’s property. Only his first wife and
her children have rights to inherit their father’s
property.
• What is to be noted here is that if William had married
Mary upon the death of or after getting divorced from
his first wife, then both Mary and her children would
have had a share in William’s property. In such an
event, the children of William’s first wife would have
also had equal shares in the property as Mary’s children.
A few more important issues:
• Just as immoveable property such as land, house,
etc., are partitioned as described here, moveable
assets including bank deposits, jewellery, furniture,
vessels, etc., are also similar divided.
• The liabilities of the deceased individual are also
divided in the same ratio as the assets.
• Christianity does not recognise adoption legally.
Therefore, an individual can only be the guardian
of a child that she or he adopts and not the parent.
Such an adopted child (ward) does not have any
legal inheritance and succession rights in the
property of the guardian.
Rights under the
Hindu Inheritance and
Succession Laws
7
Who has rights over a Hindu individual’s assets? Who are the
successors to her/his property? What is ancestral property?
How does self-acquired property get partitioned?
What rights does a woman have in such property?
The following pages help you get the answers to all these
questions and the laws related to them.
Read them.
Here, Mangala, Ramakka and Vidya approach a lawyer in order
to understand their rights to property.
Through their conversations, you may get to know about your
rights.
Know what the law says.
8
Mangala lives in the city with her husband and
three daughters. She has two brothers, Shekhar
and Murthy. Their parents live with Shekhar and
his family in their native place, where they have 10
acres of land and plantations. Murthy and his family
also live in the city, where he has a good factory job.
Recently, Murthy went to his father and asked for his
share in the property, and this led to strife within the
family. Shekhar maintained that since he is the one
who has been tending to the lands for all these years,
he should get a higher share in it. Mangala, aware
that daughters also have a share in parental property,
also went and sought her share in it. Her brothers,
however, turned her down saying that they had spent
an enormous amount of money on her wedding, and
therefore they would now give her Rs. 50,000 and
nothing more. Feeling somewhat unsure about the
situation, Mangala consulted a lawyer, Susheela.
Susheela: The main factor that determines how
the property should be partitioned is
whether this is your father’s ancestral
property or self-acquired. Ancestral
property refers to that which has been
inherited by him from his father,
grandfather or other ancestors. Selfacquired property is that which he has
acquired himself with his own efforts.
Mangala: Of the total 10 acres, 8 acres is
ancestral lands. The remaining 2 acres
were acquired by my father himself.
Susheela: While your father is alive, only his
ancestral property can be partitioned.
That will be divided into 4 equal parts
– one each for you, Shekhar, Murthy
and one for your father himself. This
means that each of you will get 2 acres
of land. Your mother does not have
any share in this ancestral property.
Mangala: How about my father’s self-acquired
property?
Susheela: His self-acquired property would now be the
sum of the 2 acres he receives as a result of the
partitioning of the ancestral property and the
2 acres that he had himself acquired earlier.
It is up to him to decide what he wants to do
with these 4 acres. He is free to sell it, gift it
or will it to anyone that he pleases. To will
means to put down in writing to whom this
property will belong upon his death. Your
father is free to will it to anyone including a
non-family member as well. In case he chooses
not to will his property, upon his death, that
will be partitioned equally among your mother,
yourself and your two brothers. Therefore, the
four of you will receive 1 acre each.
Mangala: So I have an equal share as my brothers? All the
expenses they claim were made on me are then
not relevant in this context?
Susheela: Yes, you have a share equal to that of your
brothers. Didn’t your parents incur any
expenses on your brothers? Don’t all parents
incur expenses on both sons and daughters?
There is no connection between any such
expenses and share in property.
• Ancestral property can be partitioned during
the lifetime of the head of the household.
• The coparceners in ancestral property are the
head of the household and all his children
irrespective of sex. All these coparceners have
equal shares in the property. The spouse of
the head of the household does not have any
coparcenery share.
• If the ancestral property is partitioned during
the lifetime of the head of the household, his
share in it becomes akin to his self-acquired
property and he has complete rights over it.
• If the head of the household does not will away
his share in ancestral property, upon his death,
this share will devolve equally to his successors
namely his widow, mother, daughters and sons.
• If the ancestral property is not partitioned
during the lifetime of the head of the
household, then upon his death, the surviving
coparceners can partition it or allow it to
remain in status quo. If they decide to partition
it, then it will be done as explained above –
first the property is partitioned among the
coparceners, i.e., the head of the household and
his children; and second, in the deceased head’s
share, his successors, i.e., his widow, mother
and children, will get equal shares.
• The self-acquired property of an individual can
be alienated, i.e., willed, sold or gifted by him
or her in any manner he or she so pleases. If
none of these are done during their lifetime,
then upon their death, this property will
devolve equally to their successors.
• If any of the successors of the deceased
individual is a pre-deceased child, then the
spouse and children of this pre-deceased child
have equal shares in the share of their spouse/
parent.
9
Chikkanna died one year ago, leaving 8 acres of land
done in both your names jointly, then you
and two houses, all his self-acquired property. His
would have been an equal owner in it as your
widow, Ramakka, has 2 acres of property which she
husband. Now, you will only receive that share
inherited from her father. They have two daughters
of the property you are entitled to as one of the
and a son. All the children are married and have
successors.
children of their own, and they all live independently
in separate households. One month back, the son Ramakka: Alright. Then what about my own property? How
would that be partitioned?
died in an accident. His widow who works in a bank
comes to Ramakka seeking her share in the family
property. Ramakka approaches Susheela to find out Susheela: Now, your property includes the 2 acres that you
received from your father and the 2 acres that you
how the property should be partitioned.
will get from the partitioning of your husband’s
property. This is now like your self-acquired
Susheela: Had your husband left behind a will?
property and you can will it to anyone that you
Ramakka: He has willed the two houses one to
please or you can sell it or gift it. However, if you
each of our daughters. But the will is
do not do any of these, then upon your death, it
not on any stamp paper and has not
will be devolve in equal shares to your children.
been registered either.
Susheela: It is not necessary to have a will
registered. It suffices if it is clearly spelt
out. So now, the 2 houses have been
bequeathed. Let us see how the rest
of the property will be divided. The 8
acres of your husband’s self-acquired
property must be divided into 4 equal
parts – one each for you and your
three children. That means each of you
will receive 2 acres. The 2 acres that
should have gone to your son will now
be equally divided between his widow
and son.
Ramakka: If it is my husband’s property, should
it not belong to me too? I have also
worked hard to earn and purchase it.
Shouldn’t half the property come to
me?
Susheela: No, it cannot be done in that manner.
There is no law that says that half
the husband’s property goes to the
wife. Only what is there in your name
belongs to you. However, when the
property was registered, if it had been
Some details about a will:
• Whatever is put down on a will comes into effect
only after the death of the person writing the will.
Therefore, during one’s lifetime, one is free to change
the contents of the will as many times as one pleases.
An individual can even cancel a will that has been
written.
• One can will only one’s self-acquired property. One
cannot will any property that does not belong to her or
him – such a will would fail any legal scrutiny.
• One is free to will one’s property to anyone she or he
so desires.
• Law does not prescribe a format of a valid will.
However, certain points need to be kept in mind while
drafting a will.
• A will must be spelt out as clearly as possible. In
addition to stating who would receive what share of
the property, it is also desirable to describe why the
sharing is to be done in this manner.
• A will should always be signed by two witnesses. While
a will can be written out on plain paper and not
necessarily on any stamp paper to be registered, it is
desirable to do so. This would make it easy to provide
it as evidence in court.
Note: A Hindu man’s successors include his widow, children and
mother. However, a Hindu woman’s successors include only her
widower and children. Thereby:
• If a woman dies without willing her self-acquired property
(acquired through her own efforts), upon her death, this
property will devolve to her successors namely her husband
and children. In the event that she does not have any such
successors (or their children), then this property will devolve
to her husband’s successors. Only if her husband also does
not have any successors, then it will devolve to her own
parents. If her parents are not alive, then it will devolve to her
father’s successors which would include her siblings, nieces,
nephews and so on.
• However, if a woman dies without making a will, having
no direct successors (i.e., husband and children), and if the
property left behind by her was inherited by her from her
husband, then, this property will devolve to her husband’s
successors. In a similar circumstance, if that property was
inherited by her from her natal home, then it will devolve
back to her natal home.
Vidya is 18 years old now. She lives in a joint family
which constituted her parents, her grandparents
(father’s parents) and her uncle’s (father’s brother)
family. Her parents died when she was very young.
She has since been brought up by her uncle and
aunt, who have 2 sons. All these members of the joint
family live together in the same house and farm the
family’s agricultural lands and plantations. Vidya also
has an aunt (father’s sister), who is married and lives
in the neighbouring village. Vidya’s grandparents are
also currently no more. Her uncle now wants to sell
the family land, and she is struck by the doubt that
she too has a share in this land. She goes to Susheela.
10
Susheela: Do you know what the total extent
of the property is and how it was
acquired?
Vidya: Currently, including the lands and
the plantations, there is 15 acres. Of
this, 13 acres has been there for several
years, and my father and uncle had
been tending to it together. About
10 years ago, my uncle added 2 acres
to the property. These 2 acres are
adjacent to the 13 acres.
Susheela: Of the total 15 acres, three equal
divisions are to be made. One each for
your father, your uncle (father’s brother)
and aunt (father’s sister), i.e., each one
will get 5 acres. The 5 acres that should
have gone to your father will now
become your property. What about the
house? Whose is it? Who built it?
Vidya: The house was constructed by my
grandfather and the documents are still
in his name. My uncle has spent some
amount on repairs and maintenance
over the years, and he has also added
one extra room to the house.
Susheela: Does your uncle have any other source
of income?
Vidya: No, he doesn’t have any other income
sources.
Susheela: The house is then undivided family property
or joint family property. The three of you –
you, your uncle (father’s brother) and your
aunt (father’s sister) are coparceners in it.
When it is partitioned, the three of you will
receive equal shares in it. Therefore, you have
a share in the house as well.
• There is the concept of joint family property under
Hindu succession laws. This refers to the property/
business that is jointly owned and/or worked on
by all members of a household. A single individual
cannot alienate (sell, will or gift) such property as
he or she pleases.
• Even if one of the members of the joint family has
put in greater efforts in maintaining such property,
he or she is not entitled to a greater share in it.
• Even if one of them has added to the joint family
property through the income he has earned
from the existing property (and not through
other income sources), the additional property
would not become his self-acquired property. It
would become part of the joint family property,
which when partitioned would devolve to all the
coparceners in equal shares. Daughters are also
coparceners in joint family property.
• However, it is worth noting here that in any
joint family property, the spouse of any of the
coparceners does not have any ownership nor
any share. Only when a coparcener dies without
leaving a will, his share in the joint family property
will devolve equally to all his successors, which
includes his widow.
Some more important issues:
• All immoveable property (house, land, buildings)
and moveable property (vessels, jewellery, bank
deposits, cash, etc.) follow the same rules of
inheritance and succession.
• The jewellery and other items given to a woman
at the time of marriage irrespective of who it is
given by, is called her ‘Stridhan’ and remain her
own property.
• The deceased individual’s liabilities are
partitioned in the same manner as her or his
assets.
• Hindu personal laws recognise adoption legally.
All adopted children are treated as equals of the
biological children of parents when it comes to
inheritance and succession. Adopted children
will not be entitled to a share in the assets of their
biological parents or ancestors.
Rights under the
Muslim Inheritance and
Succession Laws
11
Who has rights over a Muslim individual’s assets? Who are the successors
to her/his property? How does her/his property get partitioned?
What rights does a woman have in such property?
The following pages help you get the answers to all these questions and
the laws related to them.
Read them.
Here, Usman, Rabia, Nazira Banu and Mumtaz Banu approach a lawyer
in order to understand their rights to property.
Through their conversations, you may get to know about your rights.
Know what the law says.
Mohammad Usman and Rabia Begum are a couple
living in the city with their children. Usman works
as a contractor. His father Ismail lives in the village
with Usman’s brother Saliluddin and his family.
They have 5 acres of land and plantations in the
village. Recently, Usman approached his father
seeking a share in his father’s property and this led
to quarrels among the brothers. Saliluddin said
that he is the one who has borne the responsibility
of tending to the property, and that if their father
now gives Usman a share in it, he would feel
cheated. Usman and Rabia decide to find out what
their legal rights to the property are and approach
a lawyer, Abdul Shakeer.
Abdul Shakeer: To whom does this property
belong?
12
Usman: Can you please tell us how the
property will be partitioned then?
Abdul Shakeer: Partition of the property would
happen after your father’s death.
You have only one brother, right?
Is your mother alive? How about
any sisters?
Usman: Listening to this, now Rabia Begum also wanted to know
what rights she would have in her own parents’ property.
Rabia: It belongs to our father.
Abdul Shakeer: Your rights to your father’s
property will come into effect
only upon your father’s death,
not while he is alive. Therefore,
whether or not to give a share of
his property during his lifetime is
entirely his decision. Your brother
does not have a right to object.
Usman: Main points to note:
Abdul Shakeer: As I said earlier, you will have a right to
their property only upon their death.
It will be partitioned in the following
manner:
•
Your mother will first receive 1/8 share in your
father’s property. In what is remaining, your brother
will get 2/3 and you will get 1/3 shares.
•
If your mother predeceases your father, then upon
his death, in his entire property, your brother will get
2/3 and you will get 1/3 shares.
•
In your mother’s property, your father will receive
1/4 share. In what is remaining, your brother will get
2/3 and you will get 1/3 shares.
•
If your father predeceases your mother, then upon
her death, in her entire property, your brother will
get 2/3 and you will get 1/3 shares.
Our mother is not alive. We have
three sisters.
Abdul Shakeer: In that case, you and your brother
will get 2/7 share each while each
of your sisters will get 1/7 share.
Essentially, sisters will get a half of
what the brothers get in parents’
property.
Sir, we are two siblings – my brother and
me. Both our parents are alive and live
in the neighbouring village. Our father
has some property, and our mother also
has some property which she received
from her father. What share would I
have in these?
• The Muslim personal laws are applicable to all
matters of inheritance and succession among
Muslims.
• Property here includes both immoveable (land, house,
site, etc.) and moveable (jewellery, vessels, furniture,
bank deposits, etc.)
• Upon the death of an individual, his money/property
is first kept aside to pay for his final rites, other
related expenses and repay any small borrowings he
might have made.
• After all this is done, as per the individual’s will
(if there is one), a maximum of 1:3 is given to the
recipients as written in the will, and then the rest of
the property is partitioned among the successors.
• All successors bear the liabilities of the deceased
individual in the same ratio that they receive their
shares in his assets.
Fathima’s father died 10 years ago. She lives with her
mother Nazira Banu. Her grandfather (father’s father), who
owns 15 acres of land, has two other children – another son
and a daughter. Upon Fathima’s grandfather’s death, Nazira
Banu approaches Abdul Shakeer to find out if she or her
daughter would get any share of her father-in-law’s property.
Abdul Shakeer: Is your mother-in-law alive? Who are your
father-in-law’s other close relatives who are
alive?
Nazira Banu: My mother-in-law is not alive. My father-inlaw’s father is still alive.
Abdul Shakeer: In that case, your father-in-law’s father will
first receive 1/6 of his son’s property. In
what remains, 2/3 will go to your brotherin-law (husband’s brother) and 1/3 will
go to your sister-in-law (husband’s sister).
Neither you nor your daughter will get
any share in his property. As you can see,
your father-in-law’s father has a share in
his property, and his grandfather, if alive,
would have also had a share in it. However,
since he also has a daughter who will get
her share and you do not have a son, your
daughter will not receive anything in that
property.
To note:
•
•
13
•
In the situation described above, if Nazira
Banu’s husband had been the only son of
his father and hadn’t had a sister either,
then Fathima would have received 1/2 share
of her grandfather’s property.
The concepts of ‘sharers’ and ‘residuaries’
are important in understanding Muslim
succession laws. A deceased individual’s
property will always first devolve to the
sharers. When there are no sharers, or if
there are some portions of the property
remaining after the distribution among the
sharers, then the property will go to the
residuaries.
•
If Shahina’s mother had been alive, then her mother
would have first received 1/6 share in her son’s
property and Shahina would have received 1/2 of
the remaining property.
Mumtaz Banu has some property in her name. Her
husband is alive, and they have a daughter. They don’t
have any sons. She approaches Abdul Shakeer to
understand how her property will be divided upon her
death.
Abdul Shakeer: You can will a maximum of 1:3 of
your property. In what remains, your
husband will get 1/4 share and your
daughter will get 1/2. If your husband
predeceases you, you will get 1/8 in his
property and your daughter will get 1/2.
Some important issues to note:
•
A widow is entitled to 1/8 share in her deceased
husband’s property. If the man has more than one
wife, they share equally in that 1/8 share.
•
A widower is entitled to 1/4 share in his deceased
wife’s property.
•
Parents are entitled to 1/6 share in children’s
property.
•
A daughter is entitled to half of what her brother
would receive in their parents’ property. If she
doesn’t have any brothers, then she will receive
half of the entire property.
•
If the deceased individual has only a pre-deceased
son and no other children alive or deceased, then
the daughter of the pre-deceased son will receive
1/3 share and the son of the pre-deceased son
will receive 2/3 share in the deceased individual’s
property.
•
If the deceased individual has a pre-deceased
son as well as a daughter, and the pre-deceased
son has a son and a daughter, then the deceased
individual’s daughter will receive 1/2 share of his
property, and in the remaining half, the son of the
pre-deceased son will receive 2/3 and the daughter
of the pre-deceased son will receive 1/3.
Who the sharers and residuaries are, and
what shares they will get typically differs
based on each case.
Shahina Parvin is married and lives with her
husband and children. Two years ago, when her
father died, she received 1/3 share in his property
while her only brother received 2/3 share in the
same. Now, her brother has died. He was neither
married nor had any children. Shahina thus
received a 1/2 share in her deceased brother’s
property.
•
•
Under the Muslim laws, a woman has rights
to her parents’, grandparents’, children’s and
even siblings’ property. However, whether or
not she has a right and if so, what her share is,
is dependent on who the sharers in each case
are, and whether the woman is a sharer or a
residuary.
In the case above, Shahina received half of
her deceased brother’s property only because
he did not have any surviving wife or child.
If he had had a wife and children, then they
would have been entitled to his property first
and only if there were some portions of the
property left, then she might have received
some share in it.
o Note that this would have been the
case with Fathima if she had had a
brother. However, since she did not
have a brother, she did not receive
any share in her grandfather’s (father
of her pre-deceased father) property.
•
Islam does not recognise adoption legally.
Therefore, an individual can only be the guardian
of a child that she or he adopts and not the
parent. Such an adopted child (ward) does not
have any legal inheritance and succession rights in
the property of the guardian.
Rights Relating to Marriage
and Property
What rights does a woman have in the household’s assets?
14
Does a married woman automatically have rights over her husband’s
property?
What is maintenance and who can claim it?
The following pages help you get the answers to all these questions and
the laws related to them.
Read them.
Here, Shubha, Pavana, Mala, Mumtaz and Sabina approach a lawyer in
order to understand their rights to property.
Through their conversations, you may get to know about your rights.
Know what the law says.
15
Shubha and Ravi have been married for 8 years and
live in their own house. Ravi has a good business
enterprise in the city and also has 5 acres of land
in the nearby village. Shubha takes care of all the
agricultural operations. For some reason, Shubha
and Ravi have decided to get divorced now. Shubha
wonders what share she will get in the family’s
assets. Therefore, she approaches a lawyer, Sheela.
•
Maintenance and share in husband’s property are
very different sets of rights.
•
A divorced woman does not have any rights to
the assets of her husband and his family. She has
claims over only those assets which are in her
name. This rule is the same across the personal
laws of all religions.
Sheela: Is the house registered in your name?
Or is it jointly registered in both your
names? How about the agricultural
land? Is at least some portion of it
registered in your name or is it jointly
registered?
•
For instance, a wife may be equally responsible for
looking after the house, lands and businesses. Any
number of years into the marriage and no matter
how intense her role in managing the assets, she
will not become an owner of these assets unless
they are also registered in her name.
•
However, if a divorced couple has children, the
children have a right to their father’s property and
also have rights to maintenance from the father.
Shubha: No, they are all registered in Ravi’s
name only.
Sheela: In that case, you will not get any share
of either the house or the land.
Shubha: How can that be the case? I am the
one who looks after the cultivation
and everything to do with the land. I
have also contributed to the building
of the house. How come I don’t get
anything now?
Sheela: Yes, that is how the law is. There is
no law that says that once you get
married, you are automatically entitled
to any rights over your husband’s
property. It is also not the case that
after a few years after marriage, you
get such an entitlement because you
have been looking after and managing
all the assets. You are entitled only
to whatever assets are in your name.
However, what you can get from your
husband is maintenance.
Shubha: What is maintenance? What are my
rights associated with that?
Sheela: Maintenance is the right that every
married woman can claim of her husband
– it is the right to be looked after by the
husband. This means that while married
or even if separated or divorced, the law
says that the husband or ex-husband as the
case may be, must ensure that the wife or
ex-wife is provided for adequately in order
to lead her life and meet her expenses. The
money thus given by the husband is called
the maintenance amount. This amount
will vary depending on the economic
circumstances and lifestyle of the couple.
In case the woman is capable of taking care
of herself or if the divorced woman gets
remarried, then the ex-husband need not
pay the maintenance any longer. Thereby,
a married woman can get a protection
order from the court saying that her
husband cannot evict her from the house.
And a separated/divorced woman can get
maintenance so that she can set up her
own house and support herself. However,
you must remember that none of this is the
same as having a share in the husband’s
property.
Pavana and Lokesh are a married couple and have a
daughter, Vibha. Upon Lokesh’s death, Pavana married
Nitin. Pavana decides to find out whether she and her
daughter would have any rights to Lokesh’s and Nitin’s
assets and thus comes to Sheela.
Sheela: Both you and Vibha have rights in Lokesh’s
property to the extent specified under the laws. Now, the
responsibility of maintaining both of you lies with Nitin.
If Nitin does not will away his assets, then you, being his
lawfully wedded wife will have a right to it as one of his
successors. While Vibha has a share in Lokesh’s assets,
she will not have any rights to Nitin’s assets. She might
get something from him if and only if he chooses to give
her.
•
If the second marriage is a lawful one upon the
death of the first husband, then the wife is entitled
to her share in the assets of her deceased husband as
well as her second husband.
•
Children have rights only to the assets of their
biological parents.
•
These rules are true of both Hindu and Christian
laws.
Mala is Ramesh’s second wife and they have two
children. Ramesh and his first wife also have
children. Recently, Mala and Ramesh decided to get
separated. Mala approaches Sheela to find out what
share of Ramesh’s property she and her children
would get.
Sheela: Firstly, you do not have any rights to
any of Ramesh’s property. Your children
also do not have coparcenary rights to
Ramesh’s ancestral property and joint
family property. However, if Ramesh
has any self-acquired property and does
not will it, then your children will be
successors to that property.
16
Now let us look at the question of maintenance. You
do not have the right to seek maintenance either
from Ramesh since your marriage is not recognized
by the law. However, Ramesh is responsible for
looking after your children and therefore has to
provide maintenance for them. Children have the
right to get maintenance from their father even if
they are born outside a legal marriage.
•
Since bigamy is not legal as per Hindu law, in the
situation described above, a second wife does
not have any rights to her husband’s property.
•
However, if the second marriage had taken place
upon the death of or divorce from the first wife,
then the second wife will have a share in her
husband’s property; and her children will also
have exactly the same rights as the children of
the first wife to all the property of the husband.
•
While the above-mentioned is true in the Hindu
laws, in a similar situation among Christians,
neither the second wife nor her children
have any rights to the husband’s property.
However, the children do have the rights to get
maintenance from the father.
Mumtaz is Shakeer’s fifth wife and they have a son.
Mumtaz comes to Sheela to ask her what rights she and
her son have to Shakeer’s assets.
Sheela: A fifth marriage is not considered legal under
the Muslim personal laws. Therefore, neither
you nor your child will have any rights to
Shakeer’s property. Your son will get a share
only in your property. However, until your son
attains the age of 18, Shakeer has to pay for
his maintenance as mandated under Section
125 of the Criminal Procedure Code (CrPC).
This law is common for every citizen of the
country irrespective of their religion.
Points to note here:
•
Mehr refers to the money or gift items that the
husband is supposed to give or set aside for the wife
upon marriage.
•
This amount strictly belongs to the wife and in the
event of divorce, it will have to be made over to her.
•
Besides the Mehr, the husband also has to pay her
maintenance until she gets remarried.
•
If the husband fails to give either the mehr amount
or maintenance, the wife can get a maintenance
order from the court under Section 125 of the
CrPC.
Sabina and Amjad are a married couple and have two
children. Amjad decides to get divorced (talaq) from
Sabina, and she comes to Sheela to find out what her
rights regarding her share in his assets and maintenance
would be.
Sheela: You do not have any rights to Amjad’s
property. However, your Mehr entirely
belongs to you. Besides this, as under
Section 125 of the CrPC, you can claim
maintenance from Amjad. Your children
are also entitled to maintenance from
Amjad as well as have a share in his assets.
Even if you get married again, your children
will have a right to inherit from Amjad.
KHAS
ªÉÄÃj «°AiÀĪÀiïgÀ JgÀqÀ£Éà ºÉAqÀw. CªÀjUÉ E§âgÀÄ ªÀÄPÀ̼ÀÄ.
«°AiÀĪÀiïgÀ ªÉÆzÀ®£Éà ¥ÀwßAiÀÄÆ EzÁÝgÉ, CªÀjUÀÆ ªÀÄPÀ̽zÁÝgÉ. FUÀ
ªÉÄÃj «°AiÀĪÀiïjAzÀ zÀÆgÀªÁVzÁÝgÉ. «°AiÀĪÀiïgÀ D¹ÛAiÀÄ°è ªÉÄÃj
ºÁUÀÆ CªÀgÀ ªÀÄPÀ̼À ºÀPÀÄÌ K£ÀÄ CAvÀ w¼ÉÆ̼ÉÆîÃPÉÌ CªÀgÀÄ ¢Ã¥ÁgÀ §½
§gÀÄvÁÛgÉ
¢Ã¥Á: «°AiÀĪÀiïgÀªÀgÀ D¹ÛAiÀÄ°è ¤ªÀÄUÉ AiÀiÁªÀÅzÉà ºÀQÌ®è. ¤ªÀÄä
ªÀÄPÀ̽UÉ PÀÆqÁ CªÀgÀ vÀAzÉAiÀÄ D¹ÛAiÀÄ°è AiÀiÁªÀ ºÀPÀÆÌ E®è.
PÀ£ÁðlPÀ PËlÄ0©PÀ D¹Û ¸À«ÄÃPÉë
(SÁ¸ï – KHAS 2010-11)
¥ÀÄgÀĵÀjUÉ Household
ºÉÆð¹zÀgÉ ªÀÄ»¼ÉAiÀÄgÀ D¹Û Asset
ªÀiÁ°ÃPÀvÀé §ºÀ¼À
PÀrªÉÄ EzÉ
Karnataka
Survey
Qæ²ÑAiÀÄ£ïgÀ°è D¹Û ºÀPÀÄÌ ªÀÄvÀÄÛ
ªÁgÀ¸Á PÁ£ÀÆ£ÀÄ
J0zÀÄ E0rAiÀÄ£ï E¤ì÷ÖlÆåmï C¥sóï ªÀiÁå£ÉÃeÉä0mï gÀªÀgÀ KHAS
2010-11 ¸À«ÄÃPÉë¬Ä0zÀ PÀ0qÀħ0¢zÉ. ¥ÀæªÀÄÄR D¹ÛUÀ¼À£ÀÄß UÀªÀĤ¹zÀgÉ,
Qæ²ÑAiÀÄ£ï ªÀåQÛAiÀÄ D¹ÛAiÀÄ ªÉÄÃ¯É AiÀiÁjUÉ ºÉÃUÉ ªÀÄvÀÄÛ JµÀÄÖ
rights.
In India, rules
The Karnataka
Asset Survey 2010-11 undertaken
by the they are aware of and can effectively seek theirM§â
• E°è UÀªÀĤ¸À¨ÉÃPÁzÀ
CA±ÀªÉAzÀgÉ, Household
MAzÀÄ ªÉüÉ
PÀ£ÁðlPÀzÀ UÁæ«ÄÃt ¥ÀæzÉñÀUÀ¼À°è ¥ÀÄgÀĵÀgÀ°è 47% ªÀÄ£É ªÀÄvÀÄÛ 39%
ºÀQÌgÀÄvÀÛzÉ? CªÀ£À/ CªÀ¼À £ÀAvÀgÀ CªÀgÀ D¹ÛUÉ ¥Á®ÄzÁgÀgÀÄ AiÀiÁgÀÄ?
of
inheritance
and
succession
are
based
on
the
religion
to which
each
Indian
Institute
of
Management
Bangalore
with
funding
from
the
«°AiÀĪÀiïgÀªÀgÀÄ CªÀgÀ ªÉÆzÀ®£Éà ¥Àwß wÃjºÉÆÃzÀªÉÄïÉ
D¹ÛAiÀÄ°è ªÀÄ»¼ÉAiÀÄ ºÀPÉ̵ÀÄÖ?
ªÀåªÀ¸ÁAiÀÄ ¨sÀÆ«Ä ºÉÆ0¢zÁÝgÉ. DzÀgÉ ªÀÄ»¼ÉAiÀÄgÀ°è 17% ªÀÄ£É ªÀÄvÀÄÛ
individual
belongs.
This
booklet
describes
these
rules
pertaining
to
MDG3«ZÉÒÃzÀ£À
fund ತೆಗೆದುಕೊ೦ಡ
under the Dutch
Affairs
has
found
CxÀªÁ ಅವರಿ೦ದ
ªÉÄÃ¯É Ministry of Foreign 9%
ªÀiÁvÀæ ªÀåªÀ¸ÁAiÀÄ ¨sÀÆ«ÄAiÀÄ£ÀÄß ºÉÆ0¢zÁÝgÉ. £ÀUÀgÀ ¥ÀæzÉñÀUÀ¼À°è
EªÉ®è and
«ªÀgÀUÀ¼ÀÄ
ªÀÄvÀÄÛ PÁ£ÀÆ£À£ÀÄß CxÀðªÀiÁrPÉƼÀÄîªÀÅzÀPÁÌV F
ªÉÄÃjAiÀĪÀgÀ£ÀÄß
ªÀÄzÀĪÉAiÀiÁgender
VzÀÝgÉ, ªÉÄÃjAi
ÀĪÀjUÉ «°AiinÀĪÀiasset
ïgÀ ownership in the state. Examining
Hinduism,
Islam
and
Christianity
by
providing
cases
illustrations.
substantial
disparities
¥ÀÄgÀĵÀgÀ°è 28% ªÀÄ£É ªÀÄvÀÄÛ 10% ªÀåªÀ¸ÁAiÀÄ ¨sÀÆ«ÄAiÀÄ£ÀÄß, ªÀÄ»¼ÉAiÀÄgÀ°è
¥ÀÄlÖ ¥ÀĸÀÛPÀ.
D¹ÛAiÀÄ°è ¥Á®Ä
¹UÀÄvÀÛzÉ;
CªÀgÀthe
ªÀÄPÀ̽UÀÆ
¥Á®Ä
¹UÀÄvÀÛzÉ
the key
assets,
survey
finds
that in the rural areas13%
of the
ªÀÄ£Éstate,
ºÁUÀÆwhile
2% ªÀåªÀ¸ÁAiÀÄ ¨sÀÆ«ÄAiÀÄ£ÀÄß ºÉÆ0¢zÁÝgÉ.
It
is
also
important
to
understand
what
rights
one
has
within
the CjvÀÄPÉƼÀî §AiÀĸÀĪÀ ¹°éAiÀiÁ,
E°è, vÀªÀÄä ¥Á®Ä/ ºÀPÀÄÌUÀ¼À£ÀÄß
47%
men own
housesEgÀĪÀ
and 39% of men own agricultural land, the
• CAxÁ ¸ÀAzÀ¨s
ÀðzÀ°èofªÉÆzÀ®£ÉÃ
ºÉAqÀw¬ÄAzÀ
institution
of
marriage.
The
survey
finds
that
the
majority
of
men
and
¨É£Àì£ï,
¨É¤mÁ,
«¯Áä
¹PÉéÃgÁ, ªÉÄÃj ¥ÀAiÀĸï, ¦Ãlgï
comparable
respectively.
ªÀÄPÀ̽UÀÆ «°Ai
ÀĪÀiïgÀ D¹ÛAinumbers
ÀÄ°è ¥Á°zÉ for women are only 17% and 9%
ªÀåQÛUÀ¼ÀÄ
ªÀÄ£É ºÁUÀÆ In
d«ÄãÀÄUÀ¼À£ÀÄß ¥ÀqÉAiÀÄĪÀ ªÀÄÄRå ªÀÄÆ®
women across areas, religious, social and economic
groups think
- EªÀgÀÄUÀ¼ÀÄ
ªÀQîgÀthat
§½ ºÉÆÃV vÀªÀÄä ¥Àæ±ÉßUÀ½UÉ GvÀÛgÀ
the urban areas of the state, while 28% of men own¦vÁæ
houses,
only
13%
fðvÀ¢0zÀ ªÁgÀ¸ÀÄzÁgÀgÁV J0zÀÄ F ¸À«ÄÃPÉëAiÀÄ°è PÁtÄvÉÛêÉ.
¥ÀqÉAiÀÄÄvÁÛgÉ.
when they get married, the assets that they own and those that their
of women
has a higher
E£ÉÆßA¢µÀÄÖ «µÀAi
ÀÄUÀ¼ÀÄ: do so. Across the areas, the only asset which
DzÀgÉ EzÀgÀ®Æè
¥ÀÄgÀĵÀgÀ ªÀÄvÀÄÛ ªÀÄ»¼ÉAiÀÄgÀ £ÀqÀÄªÉ §ºÀ¼ÀµÀÄÖ
spouses
own
now
become
jointly
owned
by
them.
While
this
could
ownership
rate
by
women
as
compared
to
men
is
jewellery.
N¢.
• E°è ¨sÀÆ«Ä, ªÀÄ£É ªÀÄÄAvÁzÀ ¹ÜgÀ D¹ÛAiÀÄ£ÀÄß ºÉÃUÉ
ªÀåvÁå¸ÀUÀ½ªÉ. GzÁºÀgÀuÉUÉ UÁæ«ÄÃt¥ÀæzÉñÀUÀ¼À°è ªÀÄ£É ºÉÆ0¢gÀĪÀ
certainly be true as per their perceptions, from the legal point of view, in
¥Á®Ä ªÀiÁqÀ¯ÁUÀÄvÀÛzÉÆà ºÁUÉAiÉÄà ZÀgÀ D¹Û,
¥ÀÄgÀĵÀgÀ°è 58% vÀªÀÄä vÀ0zÉvÁ¬ÄAiÀÄj0zÀ ¦vÁæfðvÀªÁV ¥ÀqÉ¢zÁÝgÉ
CªÀgÀ ¥Àæ±Éß-GvÀÛgÀUÀ¼À ªÀÄÆ®PÀ, ¤ªÀÄä ºÀPÀÌ£ÀÄß Cj¬Äj.
One ¨ÁåAPï£À°ègÀĪÀ
of the reasons
suchÀÄ£ÀÄß
a large gender asset gap
is that men and India, under the personal laws of no religion does marriage automatically
¸ÁªÀiÁ£ÀÄUÀ¼ÀÄ,
ºÀt,for
MqÀªÉAi
DzÀgÉ ªÀÄ£É ºÉÆ0¢gÀĪÀ ªÀÄ»¼ÉAiÀÄgÀ°è EzÀÄ 13% ªÀiÁvÀæ. ªÀåªÀ¸ÁAiÀÄ
PÁ£ÀÆ£ÀÄ w½zÀÄPÉƽî.
confer property rights to individuals. If and only if the couple decides
women
have
unequal
opportunities
for
asset
acquisition.
TheM0zÀÄ
main
PÀÆqÁ ¥Á®Ä ªÀiÁqÀ¯ÁUÀÄvÀÛzÉ
¨sÀÆ«ÄAiÀÄ0vÀºÀ
GvÁàzÀPÀ D¹ÛAiÀÄ°è F vÁgÀvÀªÀÄå E£ÀÆß C¢üPÀ to
register
property
jointly
in
their
names
does
it
confer
both
of
them
mode
of
asset
acquisition
is
inheritance,
and
this
is
also
characterized
85% ¥ÀÄgÀĵÀjUÉ ºÉÆð¹zÀgÉ ¸Àj¸ÀĪÀiÁgÀÄ 14% ªÀÄ»¼ÉAiÀÄgÀÄ ªÀiÁvÀæ vÀªÀÄä
• ºÁUÉà M§â£À D¹Û AiÀiÁªÀ jÃwAiÀÄ°è ¥Á¯ÁUÀÄvÀÛzÉÆÃ
with
ownership
rights.
As
much
as
one
would
like
to
consider
marriage
by
a
bias
against
women.
To
illustrate,
among
the
home
owning
men
in
vÀ0zÉvÁ¬ÄAiÀÄj0zÀ ¦vÁæfðvÀªÁV ¥ÀqÉ¢zÁÝgÉ.
CzÉà ¥ÀæªÀiÁtzÀ°è ¸Á®ªÀÇ ¥Á¯ÁUÀÄvÀÛzÉ
rural areas, 58% inherited their houses from their natal families while to be a sacred and lasting institution, it is still extremely important to
• Qæ²ÑAiÀÄ£ïgÀ°è ªÀÄPÀ̼À£ÀÄß zÀvÀÄÛ vÉUÉzÀÄPÉƼÀÄîªÀÅzÀ£ÀÄß
suchEµÀÄÖ
as death, divorce, separation and desertion
only 13% of home owning women in rural areas acquired
their ÷houses
¨sÁgÀvÀ ¸ÁévÀ0vÀæ
å ¥ÀqÉzÀÄ 64 acknowledge
ªÀµÀðUÀ¼ÁzÀªÉÄîÆthat
£ÀªÀÄäevents
¸ÀªÀiÁdzÀ°è
PÁ£ÀÆ£ÀÄ UÀÄgÀÄw¸ÀĪÀÅ¢®è. ºÁUÁV AiÀiÁªÀÅzÉÃ
can
affect
any
marriage
at
any
through natal inheritance. These disparities take alarming
proportions
¥ÀæªÀiÁtzÀ °0UÀvÀé-vÁgÀvÀªÀÄåªÀ£ÀÄß PÁtĪÀÅzÀÄ M0zÀÄ UÉÆ0zÀ®zÀ «µÀAiÀÄ.time
F because it is during these points in
ªÀÄUÀĪÀ£ÀÄß £ÉÆÃrPÉƼÀî®Ä ªÀÄ£ÉAiÀÄ°è ¸ÀéAvÀ ªÀÄUÀĪÀAvÉ
time
that
the
questions
around
when we examine acquisition of agricultural land,¥Àj¹ÜwAi
the most
critical
ÀÄ£ÀÄß ¥ÀjºÀj¸À®Ä C£ÉÃPÀ zÁjUÀ¼À£ÀÄß C£ÀĸÀj¸À§ºÀÄzÀÄ. CªÀÅUÀ¼À°è property rights arise prominently. This
ElÖPÉÆAqÀgÀÆ D ªÀÄUÀÄ«UÉ ªÁgÀ¸Á ºÀQÌgÀĪÀÅ¢®è
describes
rights that individuals have when such events
productive asset in rural areas – compared to 85% ofªÁgÀ¸ÀÄzÁjPÉAi
land owning
ÀÄ ¤Aimen
ÀĪÀÄUÀ¼À£ÀÄß,booklet
CªÀÅUÀ½UÉalso
¸À0§0zs
À¥ÀlÖ0vÀºÀ the
PÁ£ÀÆ£ÀÄUÀ¼À£ÀÄß
occur
in their lives
providing
who inherited the land, a mere 14% of land owning¥Àæwomen
inherited
wAiÉƧ⠪ÀåQÛAi
ÀÄÆ w½zÀÄPÉÆ0qÀÄ
C¼ÀªÀr¸ÀĪÀÅzÀÄ
Cw by
ªÀÄÄRå.
¨sÁgÀvÀzÀ°ècases and illustrations.
their land from natal homes.
F ¤AiÀĪÀÄUÀ¼ÀÄ ªÀåQÛUÀ¼À zsÀªÀÄðzÀ DzsÁjvÀªÁVªÉ. F ¥ÀÄlÖ ¥ÀĸÀÛPÀzÀ°è
AllÀÄthe
cases presented
booklet are easy to identify with and the
Qæ²ÑAiÀÄ£ï zsÀªÀÄðzÀ ªÁgÀ¸ÀÄzÁjPÉAi
¤AiÀĪÀÄUÀ¼À£ÀÄß
¸ÀÄ®¨sÀªÁzÀ in
¨sÁthis
µÀAiÀÄ°è
language
used
is
simple
and
layperson
friendly. This booklet has been
It should be of concern that such inequities continue
to
exist
more
GzÁºÀgÀuÉUÀ¼ÉÆ0¢UÉ ¤ªÀÄUÁV ªÀtÂð¸À¯ÁVªÉ.
than six decades after the country’s attaining independence. Several conceptualized and written by Sowmya Lakshmi Bhat, Advocate, and
measures can be undertaken to bridge these inequities. In the context the illustrations in it have been drawn by M. B. Suresh Kumar. To find
Consultant: Sowmya
Bhat, Advocate,
Bengaluru
outLakshmi
more about
this project,
please get in touch with the project team at
of asset acquisition, it is critical that every individual isLegal
well-conversant
[email protected]
the contact details provided below.
with the inheritance and succession legislations governing them so that
December 2011
Centre for Public Policy (CPP)
INDIAN INSTITUTE OF MANAGEMENT BANGALORE (IIMB)
Centre
for Public Policy (CPP)
Bannerghatta Road, Bangalore 560076, Karnataka, India
INDIAN INSTITUTE OF
BANGALORE
(IIMB)
Ph:MANAGEMENT
91 80 26993323. Fax:
91 80 26994050
Email: [email protected]
Bannerghatta Road, Bangalore 560076, Karnataka,
India. Ph: 91 80 26993323. Fax: 91 80 26994050
website:
http://genderassetgap.iimb.ernet.in
Email: [email protected] ProjectProject
website:
http://genderassetgap.iimb.ernet.in
website: www.iimb.ernet.in
website: www.iimb.ernet.in
KHA
Karna
House
Asset
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